가맹사업거래에서의 정보공개제도에 관한 연구

Abstract

A Study of the Information Disclosure System of Franchise Transaction

Seong Eun Kim

Department of Law, The Graduate School, Pukyong National University

Abstract

As today's capitalist economic system has engaged in active economic activities and gone through an endless change in society, new sales strategics or distribution techniques, etc. have been developed, which has led to a creation and constant progress of new forms of management One of the most representative management forms which have emerged is franchising, which is establishing a firm footing in modern commercial relationship. After franchise transactions came into being in America, the system was introduced to Korea in the 1980s and has made rapid progress for the past thirty years. In proportion to the increase, a variety of legal problems came to the surface. That is why the Fair Franchise Transactions Act was enacted in 2002 so as to prevent unfair transactions in franchise transactions. There have been a number of amendments since then. Franchise transactions refer to the transaction relation in which the franchisor who developed business secrets including the company name, the trademark and service certificates, etc., and his or her unique and original business system allows the franchisee to run a store with the same business appearances and business methods, and the franchisee has to pay for the general support of business from the franchisor. In this franchise transactions, the franchisor has to offer some important information in relation to the actual condition of his or her business and the franchise agreement to a prospective franchisee at a franchise-contract stage, which is referred to as the information disclosure system. The Franchise Transactions Act revised in 2007 newly established and has been operating the registry system of uniform franchise offering circular. The franchisor offers important information to his or her franchisee in the form of documents, which cover the current situation of the business of the franchisor, the careers of the officials, the burden of the franchisee, the conditions of business activities, and the education and training of the franchisee. This is dubbed 'uniform franchise offering circular,' which begins with certificates and should be drawn up in accordance with the mentioned items of 'attached table 1' in relation with Article 4 (1) of the Decree of the Fair Franchise Transactions Act. In connection with the period of offering 'Uniform Franchise Offering Circular,' Korea's Fair Franchise Transaction Act fixes 14 days for consideration. The information disclosure system associated with franchise transactions serves as a special protective device for protecting the prospective franchisees who are in a relatively weaker position when compared with the franchisor in case the parties concerned have concluded a contract. Accordingly, a lot of efforts and researches should be made in relation to this system so that rational and fair contracts may be concluded, further researches will hopefully contribute to the development of sound and fair franchise transactions

Key Words : Franchise, Franchise Transactions, Franchisor, Franchisee, Fair Franchise Transactions Act, Information Disclosure System, Uniform Franchise Offering Circular